Brain and Spine Injury Law Blog

Trial to begin over 2004 RI toddler death

Tim@titololawoffice.com (Tim Titolo) — Thu, 20 Nov 2008 13:09:47 -0800

A trial involving abuse of a toddler is gearing up. Lets remember that young children's brains are more suseptible to injury. What is referred to as Shaken Baby Syndrome. Click here.

Wikipedia defines Shaken baby syndrome (SBS) as a form of child abuse that occurs when an abuser violently shakes an infant or small child, creating a whiplash-type motion that causes acceleration-deceleration injuries. The injury is estimated to affect between 1,200 and 1,600 children every year in the USA.[1] It is common for there to be no external evidence of trauma.[2] Injuries from impacts with hard objects may accompany SBS; this combination of shaking with striking against a hard object is sometimes termed the shaken impact syndrome or shaken/slam syndrome.

The concept of SBS was initially described in the early 1970s, based on a theory and a wide variety of circumstances by Dr. John Caffey, a radiologist, as well as Dr. Norman Guthkelch, a neurosurgeon.[3][4]

SBS, a major cause of death in infants, is often fatal and can cause severe brain damage, resulting in lifelong disability. Estimated death rates (mortality) among infants with SBS range from 15 to 38%; the median is 20–25%.[2] Up to half of deaths related to child abuse are reportedly due to shaken baby syndrome.[5] Nonfatal consequences of SBS include varying degrees of visual impairment (including blindness), motor impairment (e.g. cerebral palsy) and cognitive impairments.

Commission: Halverson to be removed from bench

Tim@titololawoffice.com (Tim Titolo) — Tue, 18 Nov 2008 11:54:29 -0800

Elizabeth Halverson, the Las Vegas Judge, was removed from the bench today. Click here.

Judge Halverson has been in the news of late. Initially the mobile chair bound woman was seen in the Clark County courthouse as a clerk. She ran and won for Judge and immediatley started making news.

She was accused of sleeping on the bench during trial; of Inappropriately talking with jurors without counsel present and eating lunch with jurors.

She was the subject of a public nuisance complaint brought by her neighbors. She was ordered to clean up her yard. Of most recent, Judge Halverson, was the subject of a beating by her husband requiriing hospitalization. She is bringing charges against him.

Voters hopefully learned to pay attention to issues involving the candidates they vote for. This certainly was not a good choice and I do not think any would who voted would disagree with that.

Good luck to Judge Halverson.

BIAA Leadership Conference

Tim@titololawoffice.com (Tim Titolo) — Tue, 18 Nov 2008 10:03:42 -0800

BIAA 13th ANNUAL STATE AFFILIATE LEADERSHIP CONFERENCE

BIAA's Thirteenth Annual State Affiliate Leadership Conference, Nationwide Vision, Voice, and Value, is Tuesday December 2, 2008 through Thursday December 4, 2008. State leaders are invited to the BIAA Board of Directors meeting on Friday December 5, 2008. The meeting will be held at the Hyatt Regency Crown Center in Kansas City, Missouri.

The program is based on your continuous feedback you provide to State Affiliate Assembly leaders and staff. We are delighted to bring you the highest caliber, most sought-after trainers, and speakers in topics as diverse as leadership, branding, organizational promotion, emerging issues, and best practices in affiliate programs/services.

To register and view the program brochure, please go to www.brain-injury.org.

New Study Support Blink

Tim@titololawoffice.com (Tim Titolo) — Sat, 15 Nov 2008 10:01:29 -0800

A new study reveals by Italian and American neuroscientists In Nature Neuroscience reveals that , a simple decision-making task does not involve the frontal lobes, where many of the higher aspects of human cognition, including self-awareness, are thought to originate. Instead, the regions that decide are the same brain regions that receive stimuli relevant to the decision and control the body's response to it.

And for anyone who read Malcolm Gladwell's "Blink," there is support for the assertions that decisions are deeply seeded resonses.

Wisconsin parents win $11.4 million in malpractice suit

Tim@titololawoffice.com (Tim Titolo) — Sun, 02 Nov 2008 11:26:46 -0800

Another verdict for a boy suffering brain damage.

A jury has awarded the parents of a brain-damaged boy $11.4 million in a medical malpractice case.

Chad and Amy Jelinek of Eastman claimed in a 2006 lawsuit that negligent care by a nurse and nurse midwife at Gunderson Lutheran Medical Center in La Crosse resulted in brain injuries to their son Laine during his birth in 2005.

A Crawford County jury sided with the Jelineks on Oct. 17 after a three-week trial. The Jelineks' attorney, Jeff Goldberg, says the money is barely compensation but should improve Laine's life.

The hospital issued a statement saying it believes the care was appropriate.

U.S. Senate: Questions and answers

Tim@titololawoffice.com (Tim Titolo) — Thu, 30 Oct 2008 11:19:35 -0800

Here is something to think about. "Here are the complete answers to a series of questions placed before U.S. Senate candiates Rep. Tom Udall and Rep. Steve Pearce. Both candidates were asked to give yes or no answers to the following questions with the option of explaining their answers.

Should a psychological evaluation be required for veterans returning from Iraq and Afghanistan?

Pearce: No

Udall: Yes. We should ensure all of our soldiers receive full medical examinations when they return from war, including psychological evaluations. Although not every medical condition can be immediately identified, such examinations help identify the signs of serious injuries to our service members and open the door to needed medical care and treatments. Veterans returning from Iraq and Afghanistan should be evaluated for behavioral health conditions and post-traumatic stress disorder, but prior to that they should be tested for traumatic brain injury. If veterans are treated with pharmaceuticals for PTSD, it could permanently complicate treatment of TBI. Further, we should ensure that there is mandatory health care funding for all veterans so that every man and women who served in uniform receives the care they were promised.

In Congress I co-sponsored several bills to increase funding for veterans with PTSD and TBI and to address some of the core issues that are preventing our veterans from receiving the best care possible when they return home. The Veterans TBI Act of 2007, for example, created a long-term care program for veterans with traumatic brain injury and created a transition office to ensure no veterans slip through the cracks.

Beating leads to Brain Injury

Tim@titololawoffice.com (Tim Titolo) — Wed, 29 Oct 2008 10:03:11 -0800

The Associated Press brought news of the death of an Arkansas news Anchor caused by a beating. I represent victims of assault and battery. Defendants and Insurance Companies typically defend cases like this. I am working on several beating and brain injury cases.

Read the whole article by clicking here.

AIG agrees to $18 million injury settmement

Tim@titololawoffice.com (Tim Titolo) — Mon, 27 Oct 2008 10:51:10 -0800

This just in from the Associated Reporter. This office handles several cases with AIG as the insurer.

American International Group, the insurance giant rescued by $85 billion in federal loans last month, has agreed to an $18 million settlement with the father of a disabled former Raleigh man.

AIG's decision to conclude the settlement with accident victim Mark Pellegrin's father comes after a judge ordered the company to pay $75 million when a subsidiary failed to defend the case in Wake Superior Court.

Such settlements rarely become public, but the details were discussed earlier this month in an open court session before U.S. District Judge Terrence Boyle attended by a reporter for the News & Observer of Raleigh. Lawyers for both sides asked to keep the settlement confidential, but Boyle did not take up their request.

Lawyers also said they were moving to settle quickly because of AIG's financial condition. In September, the Federal Reserve saved the imperiled company with a two-year, $85 billion credit line in return for a 79.9 percent stake in AIG.

The lawsuit settlement appears to be one of the largest in the state's history for a personal injury case, local lawyers said.

"That's huge," said Dan Hartzog, a Raleigh attorney who specializes in civil cases and was not involved in the case. "It would be a big jury verdict, but it's a really big settlement."

In May, state Superior Court Judge Orlando Hudson granted the request by Pellegrin's attorneys to order the company to pay damages of $75 million. No one representing National Union Fire Insurance Co. of Pittsburgh, an AIG subsidiary, showed up for trial to defend the company that owned the pickup truck involved in the incident and the employee who drove it.

National Union then asked that the case be taken up by the federal court. The company also began settlement talks with Pellegrin's attorneys.

One of National Union's attorneys, Jim Exum, told the federal court that the insurance policy had a maximum payout of $21 million.

The lawsuit was filed last year against KCI Technologies and one of its employees, Kelly Joe McKiernan, 29, who maintained the company's cell phone towers. McKiernan said in a deposition that on New Year's Eve 2005, after drinking beer and Jagermeister, he jumped into his company-issued truck. He was ready to leave Pellegrin's apartments after some roughhousing between the two friends left McKiernan upset.

But as McKiernan put the truck in gear, Pellegrin ran in front of the vehicle to try to get him to stop. The truck hit Pellegrin, who suffered severe brain injuries that left him with limited movement and speech.

Pellegrin, 29, is being cared for at his father's home near Houma, La.

Pellegrin's father, Jerry, said he was satisfied with the settlement, which pays $6 million immediately, invests another $6 million for future costs, and pays $6 million to Pellegrin's attorneys, who took the case on a contingency basis.

Boyle accepted the settlement but postponed judgment on the attorneys fees.

Quality of Life article

Tim@titololawoffice.com (Tim Titolo) — Mon, 20 Oct 2008 10:03:02 -0800

The International Brain Injury Association published an article entitled Overcoming Anomy: The Impact of Positive Rituals on Quality of Life issue 3 2008.

Thomas E. Pomeranz, Ed.D., President, Universal LifeStiles, LLC, Research and Policy Fellow Minot State University, has this to say:

Quality of life can be elusive and complicated for all individuals and can be dramatically so for people with traumatic brain injury who are globally challenged. Physical prowess, cognitive functioning, family, friends, sexuality, employment and hope are among the markers of a quality of life that may be jeopardized or lost for many with TBI. These losses and/or perceived losses combined with a lowered threshold for mediating one’s emotional state, commonly give rise to demonstrations of anger and hostility. This article is intended to provide the reader with an alternative therapeutic strategy to address these behaviors which interfere with a quality of life. If my life has no meaning or value, then I will behave in a way to cause your life to be void of meaning and value as well. When this statement was first shared with me I was struck by its profound implication relative to a variety of quality of life issues affecting many people with TBI. It was immediately evident that for a significant percentage of people with TBI, especially those requiring pervasive supports, that their life lacks meaning – diminished of value.

Read the full article by clicking Overcoming Anomy: The Impact of Positive Rituals on Quality of Life.

Homeless and Brain Injury

Tim@titololawoffice.com (Tim Titolo) — Thu, 16 Oct 2008 10:42:42 -0800

Have you ever driven by the tent of cardboard boxes under the freeway and wondered why the people that live there don't get out and get a job or help themselves out of the dilemma?

A recent article points out that many homeless people suffer brain injury and are stuck in the very predicament they are in due to it.

More than one in three of Toronto's homeless suffered a traumatic brain injury prior to ending up on the streets, a new study indicates, suggesting that mental health is linked to homelessness.

Read the entire article by clicking here.

Who to Vote For

Tim@titololawoffice.com (Tim Titolo) — Thu, 09 Oct 2008 07:07:28 -0800

This just in from the AP

If John McCain is elected and goes on to win a second term, there's as much as a one-in-four chance America could see its first woman president — Sarah Palin.

It's actuarial math.

The odds highly favor either McCain or Barack Obama completing a first term in good health. After that, McCain's odds are still fairly solid, but his chances of dying or being in poor health go up faster than Obama's, mainly because of his age.

An Atlanta actuarial company specializing in individualized estimates of life and health expectancy has run the numbers for McCain, 72, and Obama, 47. The firm, Bragg Associates, calculated the odds of the candidates dying in office, adjusted for their known health problems.

McCain would be the oldest president to begin a first term in office. By the end of a second term, Jan. 20, 2017, he would have a 24.44 percent chance of dying, compared with 5.76 percent for Obama, the firm estimates.

"Can either candidate expect to serve two terms in a healthy state? The answer is yes," says James C. Brooks, Jr., an actuary with the firm. "They're both in outstanding health for people of their age."

Illness is another issue.

Because chances of developing a serious ailment are higher for any person than are the chances of dying, Bragg used the candidates' medical information to estimate how many years of good health might be in store for each. After all, a debilitating illness could force a president to step down.

The firm estimates that McCain has a health expectancy of 8.4 years, while Obama can expect another 21.9 years of good health. The calculations are from January 2009, covering two terms in office for either candidate. McCain, if he's like others in his age group, would have a cushion of just about five months.

But no one really knows. Actuaries like Brooks make statistical calculations for insurance companies, based on numbers culled from large databases. No matter how sophisticated, they can't predict anyone's future.

"There a randomness to it that we don't know," said Ron Gebhardtsbauer, who directs the actuarial science program at Penn State's Smeal College of Business.

For example, he said, "if McCain is president, he'll get the best health care in the world. I can't crank that into any of my numbers."

Health expectancy calculations, although relatively new, are becoming increasingly important as people buy long-term-care insurance.

"We've done thousands of these health expectancy calculations for financial planners," said Brooks. "People, especially those with high net worth, are concerned more about the risk of living too long than about what happens if they die prematurely. What if they need long-term care?"

The firm's estimates for McCain and Obama relied on medical information disclosed by the candidates. Bragg Associates has no partisan agenda, said Brooks: "We don't have a dog in this hunt."

He classified the Democrat as a smoker with minor upper respiratory problems, probably linked to his smoking. Obama announced in February that he was trying to quit smoking again, with the aid of nicotine gum.

"We don't consider you a nonsmoker until you stay quit for 12 months," said Brooks.

In the spring, the Obama campaign released a letter from the candidate's doctor declaring him to be in excellent health. He had very good cholesterol levels, his EKG was normal, his pulse was 60 beats per minute, and his blood pressure was an outstanding 90 over 60. Obama also exercises regularly.

But Obama has a family history of cancer. His mother died of ovarian cancer and his maternal grandfather died of prostate cancer. Obama's PSA screening test for prostate cancer showed no sign of abnormalities.

For the Republican, Brooks took into account a history of skin cancer, degenerative arthritis from his Vietnam war injuries, moderately high cholesterol, mild vertigo and that McCain is a former smoker who quit in 1980.

McCain allowed reporters to review eight years of medical records, more than 1,000 pages. They show that he is cancer-free, has a strong heart and is generally in good health. As a three-time melanoma survivor, his biggest health worry is a recurrence of that cancer. But he is closely watched by his dermatologist, and any future melanoma should be caught in time to be treated successfully. McCain maintains a healthy weight and blood pressure, and takes medication for his cholesterol.

To underscore his chances of long life, he's campaigned with his mother, 96 and going strong.

Vice presidential candidates Joe Biden and Sarah Palin have not released their medical records, although Biden has promised to. Biden, 65, had surgery 20 years ago to repair a life-threatening brain aneurysm. He was out of the Senate for seven months while he recuperated but says he's fine now. Palin, 44, a mother of five, gave birth earlier this year to a son, Trig, who was born with Down syndrome.

In this Nov. 4, 2001 file photo, Republican presidential candidate Sen. John McCain, R-Ariz., waves to the crowd prior to Game 7 of the World Series between the Arizona Diamondbacks and the New York Yankees at Bank One Ballpark in Phoenix. (AP Photo/John Bazemore, File)

In this April 29, 2008 file photo, the University of North Carolina's Jack Wooten, right, pressures Democratic presidential hopeful Sen. Barack Obama, D-Ill., during a basketball game in Chapel Hill, N.C. (AP Photo/Jae C. Hong, File)

The Naked Brain Reviewed by deMause

Tim@titololawoffice.com (Tim Titolo) — Tue, 07 Oct 2008 06:51:17 -0800

Richard Restak, The Naked Brain: How the Emerging Neurosociety is Changing How We Live, Work, and Love. New York: Harmony Books, 2006.

Reviewed by Lloyd deMause

The revolution in neuroimaging techniques in the past two decades has produced such a new understanding of the effects of early experiences on the brain and the disorders from attachment deficiencies that are their result that psychologists-including psychotherapists and psychohistorians-simply cannot fully understand what the developmental causes of child abuse unless they keep up to date on what neuroscience has been discovering. If, for instance, you write about racism-from the Holocaust to Islamic terrorism-you cannot really understand what is happening unless you know early developmental problems affect the prefrontal cortex and later produce disabled medula (mirror neurons that enable one to empathize with others). Similarly, when you study group-fantasies of growing irrational fears of being attacked by other nations (who often have no designs at all on your nation), you really must understand how these fears (say, of Mother England about to pounce on you) were originally implanted in the amygdala, and unless you understand how kinds of experiences are making whole nations switch into these early amygdalan fear modules.

Restak provides an excellent summary of the basic advances in understanding neuropathology. I particularly learned a lot about what makes people-even groups-create in-group and out-group minds and feelings, which happens particularly before wars. That groups (tribes, states, ethnic groups, nations) carry over the fears they imprint from their parents to their later social lives is evident, particularly if their early attachments are insecure and they generate fears of being controlled by "enemies" (external and internal) should they try anything new and experience too much freedom in their adult lives. Studies are cited that scan the brains of hundreds of mothers interacting with their infants that show that the mothers who are postpartum depressed or otherwise were not adept at reading their infant's needs produce older children who have crippled prefrontal lobes and therefore are behind others in language and play skills by age two. It simply helps one to think this way about political events: "You remember quite vividly where you were on September 11, 2001, because the horrific events of that day aroused your emotions and activated your amygdala." And charts showing wars occurring during a nations' most fearful, most reactionary periods are actually amygdalan activation periods. Eliminating wars therefore must somehow affect this brain state.

Youth Sports and Concussion Information

Tim@titololawoffice.com (Tim Titolo) — Sun, 07 Sep 2008 08:22:59 -0800

Please Click here to link to an interesting resource on Concussions related to Youth Sports. Now that school is back in full swing it would be wise to refamiliarize with the issues applicable to our kids.

Sept 2008 BIAA Legislative Update

Tim@titololawoffice.com (Tim Titolo) — Sat, 06 Sep 2008 14:58:30 -0800

Laura Schiebelhut, BIAA Director of Government Affairs, asked me forward this on:

Dear Advocates:

As a month-long summer recess dominated by party politics and convention drama draws to a close, Congress plans to reconvene for its fall legislative session on Monday, September 8, 2008.
You may recall that unfortunately, due to technical difficulties the Brain Injury Association of America was unable to distribute the August 1, 2008 edition of BIAA Policy Corner. We apologize for this inconvenience, and thank you again for your patience.

This special Fall Outlook Special Edition of BIAA’s Policy Corner E-Newsletter contains numerous legislative updates on congressional activity which took place in the days right before the beginning of the summer recess period.

In addition, this Fall Outlook Special Edition includes a preview of the political climate expected to impact legislative proceedings over the next few weeks and months leading up to the November election.

*Distributed by Laura Schiebelhut, BIAA Director of Government Affairs, on behalf of the Brain Injury Association of America; 703-761-0750 ext. 637; lschiebelhut@biausa.org
BIAA’s Policy Corner and Legislative Action Alerts are made possible by the Centre for Neuro Skills, James F. Humphreys & Associates, and Lakeview Healthcare Systems, Inc. The Brain Injury Association of America gratefully acknowledges their support for legislative action.
To sign up to receive future BIAA Policy Corner E-Newsletters and Legislative Action Alerts, please go to http://capwiz.com/bia/mlm/signup/
__________________________________________________________________
BIAA Spearheads Senate Letter Urging TRICARE to Cover Cognitive Rehabilitation
Reflecting one of BIAA's biggest public policy accomplishments this year, a group of Senators issued a letter on August 4, 2008 to Defense Secretary Robert M. Gates urging official TRICARE coverage of cognitive rehabilitation.

The group of 10 United States Senators, led by Evan Bayh (D-IN) and Barack Obama (D-IL), sent a letter to Defense Secretary Robert M. Gates calling on him to enact official coverage of cognitive rehabilitation within the military's TRICARE health insurance program. Several major media outlets covered this story, and the press release announcing this letter included a quote from Democratic Presidential Candidate Barack Obama in which he described cognitive rehabilitation therapy as “one of the most accepted treatments for TBI.”

Throughout the summer, BIAA worked closely with Senator Bayh's office to support the development of this letter and to urge the support of 10 highly esteemed Senators who signed on in support of this important effort to increase access to timely, state-of-the-art care for returning servicemembers with traumatic brain injury.

A copy of the letter, along with talking points in support of TRICARE coverage of cognitive rehabilitation, and a summary of evidence attesting the efficacy of cognitive rehabilitation, is available on BIAA's website at http://www.biausa.org/policyissues.htm.
In another promising development, the Congressional Brain Injury Task Force is currently working on a similar effort on the House side.

House Approves Military Construction-VA Spending Bill Without TBI Amendments
Despite little progress on appropriations so far this year, the House of Representatives was able to pass its version of the Fiscal 2009 Military Construction-VA spending bill (H.R. 6599) by a vote of 409-4 on August 1, 2008.

This appropriations measure represents the only regular Fiscal 2009 appropriations bill to receive House floor consideration so far this session, and could also be one of the last. (See “Fall Outlook” section below).

The $118.7 billion Military Construction-VA appropriations bill includes $500 million for medical and prosthetic research, rejecting the President’s $38 million cut and representing $20 million over last year’s funding allocation for such research. In addition, the bill allocates $200 million for fee-based services to improve access to care where Veterans Health Administration services are not available; it is possible that such services could potentially include TBI care and rehabilitation services.

Two amendments filed by House Veterans Affairs Chairman Bob Filner (D-CA) related to veterans’ TBI care were subsequently withdrawn after bill manager Rep. Chet Edwards (D-TX) promised to work with Rep. Filner on his suggestions over the next several months.
One of the amendments filed by Rep. Filner would have allocated $250 million to establish a community grant program to provide rehabilitative services to veterans diagnosed with post-traumatic stress disorder (PTSD) or TBI.

Rep. Filner’s other TBI-related amendment would have designated $10 million to establish a “heroes’ homecoming pilot program” intended to evaluate the effectiveness of offering compulsory screening, evaluation and treatment for TBI (as well as mental health conditions, including PTSD), for active-duty servicemembers and veterans.

Meanwhile, the Senate Appropriations Committee approved its version of the fiscal 2009 Military Construction-VA spending bill (S. 3301), on July 17, 2008. The Senate version of this funding bill contains increased funding for medical research, including TBI research. The bill also includes valuable report language directing the Department of Veterans Affairs (VA) to establish and expand cooperative agreements with public and private groups to treat traumatic brain injury patients from the wars in Iraq and Afghanistan, and to report on expanding the pool for expertise available to treat the injuries.

BIAA applauds this report language, as one of BIAA’s main federal policy goals continues to be increasing access to non-VA (civilian) TBI care providers when in the optimal interest of the service member, and BIAA remains very active on this issue on Capitol Hill.
House Defense Appropriations Subcommittee Approves TBI Funding
On a related note, the House Defense Appropriations Subcommittee passed its version of the Fiscal 2009 Defense Appropriations bill on July 30, 2008, including hundreds of millions of dollars allocated for TBI.

The funding bill approved by the Subcommittee includes $617 million for Traumatic Brain Injury and Psychological Health.
Senate Republicans Block The Advancing America’s Priorities Act
Unfortunately, on July 28, 2008, Senate Republicans rejected an effort to invoke cloture on The Advancing America’s Priorities Act (S. 3297), an omnibus measure containing several non-controversial bills, including important public health measures related to brain injury.
With the exception of three Republican Senators -- Norm Coleman of Minnesota, Gordon H. Smith of Oregon and John W. Warner of Virginia – all other Senate Republicans followed the lead of conservative Senator Tom Coburn of Oklahoma in blocking consideration of the legislation.
As you may recall, in July BIAA issued a Legislative Action Alert requesting that advocates call their Senators and urge them to vote for passage of this important legislation.

Among the nearly three dozen bipartisan, non-controversial measures included in this omnibus legislation were two bills which would help address the public health epidemic of brain injury in United States: The STOP Stroke Act (S. 999/ H.R. 477) and The Christopher and Dana Reeve Paralysis Act (S. 1183/H.R. 1727).

The STOP Stroke Act is bipartisan legislation by Senators Thad Cochran (R-Miss.) and Edward Kennedy (D-Mass.) that would help ensure that all stroke patients are treated as quickly and effectively as possible. Among other things, the STOP Stroke Act would authorize a grant program to help provide states with resources to ensure that patients have access to quality stroke education, prevention, treatment and rehabilitation services by establishing coordinated stroke care systems.

The Christopher and Dana Reeve Paralysis Act is a non-controversial, bipartisan bill which is primarily about two things: 1 - Advancing collaborative research in paralysis and 2 - Improving the quality of life today for people living with paralysis and mobility impairments from any cause -- stroke, traumatic brain injury, ALS, spinal cord injuries, and others.
It remains unclear whether there will be another opportunity this year in the Senate to pass the bills contained in this legislative package.

BIAA Again Urges Senators to Swiftly Pass the ADA Amendments Act
Once again, BIAA signed a coalition letter urging passage of the ADA Amendments Act of 2008 (H.R. 3195/S.3406). On August 8, 2008, BIAA joined a number of other groups in signing a letter which was distributed to Senators over the summer recess urging swift Senate enactment of the ADA Amendments Act of 2008 (S. 3406).

The Senate version of the bill (S. 3406) was recently introduced in that chamber on July 31, 2008. Earlier this summer, the House of Representatives passed its version of the bill (H.R. 3195) by an overwhelming margin of 402-17.

Department of Labor Announces Initiative to Help Veterans with TBI
On August 20, 2008, the United States Department of Labor announced a new initiative to help employers of veterans and others with traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD).

As part of this initiative, the Department of Labor unveiled the America's Heroes at Work website, which will "provide information about TBI and PTSD, as well as tools and guidance on how to implement workplace accommodations and other services that benefit affected individuals."
The America’s Heroes at Work website address is http://www.americasheroesatwork.gov/.
Fall Outlook

Although Congress is reconvening to begin its fall legislative session on Monday, this session is not expected to last long, given the universal need to campaign in the weeks leading up to the November election. The target adjournment date for the House of Representatives is September 26, leaving roughly three weeks for legislative activity to occur.

s soon as Congress returns on Monday, both chambers are expected to begin developing a Continuing Resolution (CR) to ensure continued funding for the government once Fiscal Year 2008 ends on September 30.

A CR is expected to take the place of the many regular Fiscal Year 2009 annual appropriations bills, because most of these appropriations bills will likely remain stalled this year. Note: The fiscal 2009 Military Construction-VA appropriations bill, as well as the Fiscal 2009 Defense Appropriations bill, are the only two regular Fiscal 2009 appropriations measures expected to possibly progress.

A CR would provide stopgap funding for the federal government as Fiscal Year 2009 begins on October 1, 2008.

Since a CR is expected to include funding for the federal agencies which house important TBI programs, there is an urgent need for advocates to call on elected officials to ensure sufficient funding is provided for these programs in the stopgap funding resolution.

Science supports Intuition

Tim@titololawoffice.com (Tim Titolo) — Thu, 04 Sep 2008 08:03:07 -0800

Although the idea that instrumental learning can occur subconsciously has been around for nearly a century, it had not been unequivocally demonstrated. Now, a new study published by Cell Press in the August 28 issue of the journal Neuron used sophisticated perceptual masking, computational modeling, and neuroimaging to show that instrumental learning can occur in the human brain without conscious processing of contextual cues.

The old adage that you should always trust your instincts is supported for the first time by a scientific study.

But there has been a more subtle phenomenon, billed as the foundation of intuition, where a seasoned poker player may play more successfully because they can pick up subtle signals in the body language of their opponents - without consciously realising it - to work out if they are bluffing..

Now, a new study published in the journal Neuron uses a blend of techniques, including brain scanning, to provide the first hard evidence that this so called "instrumental learning" can occur, showing we should trust our instincts.

In popular books such as Blink, it has been claimed that this form of intuition can result in a better decision than conscious reasoning, says lead author Dr Mathias Pessiglione from the Wellcome Trust Centre for Neuroimaging at the University College London.

DoD Gets 35M to Study "Mild" Traumatic Brain Injury

Tim@titololawoffice.com (Tim Titolo) — Tue, 02 Sep 2008 07:53:08 -0800

The Department of Defense awards $35M to study Mild Traumatic Brain Injury. Of the 1.5 million people who suffer brain injury each year, roughly 75% are classified as "Mild" and have longterm and permanent impairments and disabilities.

A consortium of physicians and scientists in the Houston region is now undertaking a research initiative to improve diagnosis of mild traumatic brain injury (MTBI) and develop innovative treatment strategies.

The Department of Defense Post-Traumatic Stress Disorder and Traumatic Brain Injury Research Program of the Office of Congressionally Directed Medical Research Programs recently awarded the Mission Connect Mild TBI Translational Research Consortium a grant totaling approximately $35 million to support the five-year research program. The consortium includes research teams from The University of Texas Health Science Center at Houston, The University of Texas Medical Branch at Galveston (UTMB), Baylor College of Medicine, Rice University and the Transitional Learning Center in Galveston. The work will be done within the existing framework of Mission Connect, a consortium established by the TIRR Foundation in 1997 to facilitate collaborative research to improve outcomes for patients with brain and spinal cord injuries and neurological disorders.

To read the entire article click here.

Brain Stimulation Improves Severe Depression

Tim@titololawoffice.com (Tim Titolo) — Thu, 28 Aug 2008 07:37:55 -0800

An article in the LA Times reports a study concluding that Brain Stimulation Improves Severe Depression.

Major depressive disorder affects about 14 million people in the U.S., and 10% to 20% of them do not respond to standard medical treatment, according the study.

In the fast-paced atmosphere of the modern world, where everyone has somewhere to be or something that needs to be taken care of, it's very easy for our lives to fall out of focus. Whether we're taking care of the needs of others or pushing to maintain our stamina in a hectic workplace, we often put our own personal needs at the end of our to-do lists. It's very easy for the blues to hang on a little longer than it should.

The nine men and 11 women in the trial had not improved on multiple medications, psychotherapy and electroconvulsive therapy. Subjects had been taking an average of four medications when the trial began in 2003 and had suffered from major depression for an average of 6.9 years.

Deep brain stimulation is approved to treat essential tremors and Parkinson's disease. Electrodes, which are permanently implanted in the brain, are powered by batteries and can be turned on and off by an external controller.

A new study with expanded participants is underway.

Read the article by clicking here.

What do you know about the Brain?

Tim@titololawoffice.com (Tim Titolo) — Fri, 22 Aug 2008 08:39:43 -0800

What do you really know about the human brain? That's the question that The Human Brain Web site asks. This site from the Franklin Institute contains "the fruit of decades of research."

In addition to participating in what the site describes as today's neuroscience renaissance, teachers, students and others interested in learning more about the care and feeding of the human brain will find this an interesting place to visit. Information on nourishing the brain features the "Brain Food Pyramid" diet and menu. Also included is information on protecting the brain and on the importance of exercise, sleep and stress relief in renewing the brain.

Click here to visit www.fi.edu/brain.

Face Recognition

Tim@titololawoffice.com (Tim Titolo) — Fri, 22 Aug 2008 07:39:40 -0800

Research out of Massachusetts General Hospital in Boston reveals evidence of a face recognition area in the brain.

Functional MRI (fMRI) can observe three dimensional volume that cotains about 200,000 neurons. Using fMRI at higher resolution allows researchers to zoom in on smaller bits of the visual cortex; Similar to looking at grains of sugar rather than a whole sugar cube.

Now, researchers have identified two pea sized areas of the brain they believe are responsible for face recognition. It is called "fusiform face area" (FFA) because it resembles a spindle or "fusus" in latin. It helps explain why we are so good at remembering faces which in turn, makes us us able to make snap judgments about gender, age, mood, expression, intent, attractiveness, and honesty. This ability enables social interaction and was probably critical in the survival of our primate ancestors.

FFA images may assist our understanding on propopagnosia, an impairtment in the recognition of faces known as face blindness.

The study of brain circuits may help treat autism and depression.

UCLA 5th World Congress

Tim@titololawoffice.com (Tim Titolo) — Mon, 18 Aug 2008 14:21:35 -0800

An upcoming, interesting conference on Spine and brain injury in August.

The California NanoSystems Institute (CNSI) at UCLA today announced that it will host an international forum featuring some of the world's most innovative scientists and technology leaders at the vanguard of treatments for brain and spinal cord injuries and diseases.

The fifth annual World Congress of the International Brain Mapping and Intraoperative Surgical Planning Society (IBMISPS), will be held at the CNSI on the UCLA campus from Tuesday, Aug. 26, to Friday, Aug. 29.